Nebraska Jury Instruction — 1.4.1 Age Discrimination In Employment Act 29 USC Sect.621 – 634 General Instruction provides guidance to juries regarding age discrimination cases under the federal Age Discrimination in Employment Act (AREA). This instruction helps jurors understand the elements of a claim and how to evaluate the evidence in such cases. The AREA is a federal law that prohibits employers from discriminating against individuals who are 40 years of age or older based solely on their age. It applies to employers with 20 or more employees and covers various facets of the employment relationship, including hiring, firing, promotions, compensation, and benefits. Nebraska Jury Instruction — 1.4.1 outlines the key components of a claim under the AREA. It explains that in order to establish age discrimination, the plaintiff must prove: 1. The plaintiff was 40 years of age or older. 2. The plaintiff was qualified for the job or position in question. 3. The plaintiff suffered an adverse employment action, such as termination, demotion, or denial of promotion. 4. The plaintiff's age was a motivating factor in the adverse employment action. The instruction further explains that a motivating factor is defined as one of the reasons that influenced the employer's decision, even if other factors also played a role. However, it clarifies that age discrimination does not need to be the sole reason for the adverse action. Nebraska Jury Instruction — 1.4.1 also highlights some common types of evidence that can be considered in age discrimination cases, including direct evidence, such as discriminatory remarks or statements, as well as indirect evidence, such as statistics or company policies that disproportionately impact older employees. It is important to note that Nebraska Jury Instruction — 1.4.1 is a general instruction. Depending on the specific circumstances of the case, there might be additional instructions or variations that are relevant to the jury's considerations. These additional instructions may address topics such as mixed motive claims, reasonable factors other than age defense, or the employer's burden of proof in certain situations. In summary, Nebraska Jury Instruction — 1.4.1 Age Discrimination In Employment Act 29 USC Sect.621 – 634 General Instruction provides essential guidance to juries tasked with evaluating age discrimination claims brought under the AREA. It outlines the elements of a claim, defines key terms, and explains the types of evidence that can be considered. This instruction helps ensure that jurors have a clear understanding of the law and can make informed decisions based on the evidence presented.